A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA DUAL ENROLLMENT OPPORTUNITY ACT" BY ADDING CHAPTER 60 TO TITLE 59 SO AS TO PROVIDE A STATEWIDE POLICY FOR DUAL ENROLLMENT, TO DEFINE NECESSARY TERMS, AND TO PROVIDE REQUIREMENTS FOR THE POLICY, AMONG OTHER THINGS; AND TO REPEAL SECTION 59-59-210 RELATING TO ARTICULATION AGREEMENTS BETWEEN SCHOOL DISTRICTS AND PUBLIC INSTITUTIONS OF HIGHER EDUCATION.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "South Carolina Dual Enrollment Opportunity Act."

 

SECTION 2.  Title 59 of the S.C. Code is amended by adding:

 

CHAPTER 60

 

South Carolina Dual Enrollment Opportunity Act

 

    Section 59-60-110. For the purposes of this chapter:

       (1) "Dual enrollment" means the participation of eligible high school students, including those attending public, charter, private, and home schools, in college-level courses that simultaneously fulfill requirements for high school graduation and contribute toward a postsecondary credential such as a degree, certificate, or diploma. A dual enrollment program should ease students' transition from high school to college by exposing them to college-level expectations, rigor, and support systems.

       (2) "Industry-recognized credentials" means certifications, licenses, or certificates that:

           (a) verify an individual's knowledge and skills in a specific career field that is widely valued by employers, recognized in the labor market, and portable across state borders; and

           (b) serve as a valid assessment of such student knowledge and skills. The Coordinating Council on Workforce Development shall compile and maintain a list of such credentials.

       (3) "Early college" means a high school that partners with a college to provide students with the opportunity to earn both a high school diploma and college credit or an associate degree simultaneously.

       (4) "Middle college" means a high school program that takes place on a technical or community college campus where students may simultaneously earn high school and college credit.

       (5) "Mixed enrollment" occurs where students are concurrently enrolled in a college-level course with high school students who are not enrolled as dual enrollment students.

       (6) "Baccalaureate track or pathway" means dual enrollment courses that lead to the completion of a bachelor's degree at a South Carolina college or university.

       (7) "Career track or pathway" means dual enrollment courses that lead to the completion of a technical certificate, diploma, or Associates in Applied Science degree.

       (8) "Developmental course" means a sub-collegiate level preparatory course in English, mathematics, reading, science, basic skills, and second language learning.

 

    Section 59-60-120. Beginning with the 2029-2030 school year, all courses eligible for dual enrollment status must be approved by the Education Oversight Committee. The committee shall consult with the State Department of Education, the Commission on Higher Education, and the State Board for Technical and Comprehensive Education in making its determination on course eligibility. Approved courses may be used to lead to a diploma, certificate, or industry-recognized credential.

 

    Section 59-60-130. Beginning with the 2027-2028 school year, the State Board of Education, State Board for Technical and Comprehensive Education, and Commission on Higher Education shall adopt a statewide policy governing dual enrollment. The policy shall include, at a minimum, the following:

       (1) courses are limited to students in the eleventh and twelfth grade unless the student is in at least the ninth grade and is enrolled in an early college or middle college. Additional exceptions may be made for high school students enrolled prior to the eleventh grade if the parent or guardian, student, high school principal, and designated college representative approve students on a case-by-case basis, and a signed acknowledgement is executed by all parties;

       (2) a requirement that home school students must comply with the course registration requirements of the higher education institution;

       (3) an allowance for high school students who have completed all requirements for high school graduation, but have not received a diploma;

       (4) a requirement that baccalaureate track students must have an unweighted grade point average of 3.0 or higher and meet all program and course prerequisites for enrollment as defined by the higher education institution offering the coursework;

       (5) a requirement that career and technical education track students must have an unweighted grade point average of 2.5 or higher and meet all program and course prerequisites for enrollment as defined by the higher education institution offering the coursework;

       (6) a requirement that students maintain a 2.0 college grade point average to maintain eligibility to enroll in dual enrollment program coursework;

       (7) a prohibition on developmental courses being offered for dual enrollment credit;

       (8) a prohibition on students enrolling in dual enrollment classes that do not count toward high school graduation unless the student has already completed all graduation requirements; however, students may take prerequisite courses that lead to dual enrollment program coursework provided those courses are not developmental courses;

       (9) a prohibition on noncredit coursework;

       (10) a prohibition on mixed enrollment and instruction;

       (11) a prohibition on courses primarily focused on physical activity, recreation, or personal enrichment;

       (12) a requirement that all dual enrollment faculty meet college and accreditor standards for teaching collegiate courses and that instructors employed by the high school and assigned to teach a dual enrollment course meet college faculty credentialing requirements, agree to abide by the higher education institution's instructor guidelines, attend an orientation offered by the higher education institution, and comply with all college instructional requirements;

       (13) a requirement that the instructor of record must be the individual whose primary responsibility is delivering and grading coursework. No college or university-supported instruction is permitted where a college or university uses an instructor who does not meet college or university credentialing criteria while listing a credentialed college or university instructor as the instructor of record;

       (14) a requirement that courses must cover the same student learning outcomes as a traditional college course;

       (15) a requirement that the institution of higher education is responsible for providing comprehensive assessments to ensure the course meets college-level rigor. Completed assessments must be returned to the college and kept for at least four academic years;

       (16) a requirement that textbooks and other materials match those used in the equivalent college course. The institution of higher education must inform the school district of material requirements at least six months prior to the beginning of the course. When a dual enrollment course is taught on a high school campus, the classroom is a college classroom and subject to higher education rules, regulations, and accreditation standards and exempt from K-12 standards with respect to curriculum;

       (17) a requirement that the institution of higher education must regularly assess the effectiveness of its library, learning resources, and student support services for dual enrollment programs as required by the college's accreditor;

       (18) a requirement that assignments, tests, and grading standards are the same as those for students enrolled in the institution of higher education. Students must follow the institution's attendance policy and also meet the attendance requirements set forth in regulations of the South Carolina State Board of Education. Faculty must follow the college's grading policies, withdrawal policies, and deadlines and comply with the institution's attendance policy. Higher education institutions shall provide letter and numeric grades to secondary schools for purposes of recording course completion and grades on the high school transcript;

       (19) a requirement that instructors teaching dual enrollment courses must be informed of the institution of higher education's grading guidelines before the course begins; and

       (20) a requirement that grades reported for dual enrollment courses must comply with the requirements of the uniform grading scale established pursuant to Section 59-5-68.

 

    Section 59-60-140. (A) All higher education institutions in this State shall accept dual enrollment credit for any course included in the South Carolina Commission on Higher Education's Statewide Articulation Agreement list of Universally Transferable Courses. Acceptance of credit applies provided the student meets the minimum grade and other eligibility requirements established by the receiving institution. Institutions may apply the credit toward degree requirements or electives following their approved curriculum, but credit acceptance cannot be denied for any course on the Statewide Articulation Agreement list of Universally Transferable Courses list. The list shall be published on the South Carolina Commission on Higher Education's website and all public college and university websites.

    (B) To support South Carolina's goal of increasing postsecondary credential attainment, all higher education institutions participating in dual enrollment programs must enroll in the National Student Clearinghouse (NSC) Reverse Transfer initiative. Institutions must agree to facilitate reverse transfer of earned credits from partnering four-year institutions back to two-year colleges when applicable, ensuring students receive associate degrees or other credentials for which they have completed requirements. Specifically, participating institutions must:

       (1) sign and maintain a valid Reverse Transfer Statement of Work with NSC;

       (2) modify their admissions policy to auto-enroll dually enrolled students in the Reverse Transfer initiative with an opt-out option; and,

       (3) upload their data at the end of the fall, spring, and summer term to the NSC Reverse Transfer portal.

    (C) All courses in a technical certificate, degree, or diploma pathway must be universally transferable to all South Carolina technical colleges, provided the receiving institution offers an equivalent academic program.

 

    Section 59-60-150. School districts, including charter school authorizers, and higher education institutions shall enter into agreements prior to providing dual enrollment courses. All agreements must be subject to audit as defined in the statewide policy regarding dual enrollment referenced in Section 59-60-200. The agreements must include, but are not limited to:

       (1) program information that clearly describes how students and parents or guardians are informed about dual enrollment opportunities and how students may enter the program;

       (2) listings of dual enrollment course offerings to include course-by-course mapping of college courses to high school credits;

       (3) a listing of initial student eligibility requirements to include the minimum grade point average, placement assessment scores, or prerequisite courses and policies for exceptions;

       (4) an explanation of how students and parents or guardians must be informed about college-level rigor, grading, and withdrawal procedures and implications;

       (5) details regarding registration policies and timelines for dual enrollment courses;

       (6) a review of the higher education institution's student conduct policies;

       (7) roles and responsibilities of students, parents or guardians, schools, and institutions of higher education;

       (8) an explanation of Americans with Disabilities Act compliance and course access;

       (9) confirmation that dual enrollment courses meet the same competencies and rigor as traditional college courses, regardless of the location of instruction offered, and that instructional materials are the same as those used by the college;

       (10) a description of how and when institutions of higher education will transmit grades to the school district;

       (11) a funding provision that clearly delineates costs for tuition, fees, instructional materials, and other expenses between the district and the college;

       (12) a requirement that students execute a release of academic records pursuant to the Family Educational Rights and Privacy Act so that those records may be shared with parents or guardians and the school district. An opt-out option must be made available; and

       (13) appendices for course lists, credit equivalencies, program advising maps, calendars, and cost-sharing details shall be included.

 

    Section 59-60-160. Public school districts, including charter authorizers, shall apply the same weighting to all baccalaureate and Associate in Applied Science dual enrollment pathway courses as Advanced Placement and International Baccalaureate courses when calculating high school grade point averages. Alternative grade calculation or weighting systems that discriminate against any dual enrollment coursework are prohibited.

 

    Section 59-60-170. All dual enrollment programs shall include the following student enrollment and student supports:

       (1) institutions of higher education and school districts shall provide joint orientation sessions for students and parents or guardians that address enrollment procedures, college-level expectations, and available resources. Students who register for virtual courses must complete the institution's orientation for online learning prior to the start of virtual coursework;

       (2) institutions of higher education shall ensure that students have access to and receive college advising services;

       (3) high school counselors must be trained in dual enrollment requirements and pathways and shall ensure that all students receive a program map aligned with their educational goals;

       (4) institutions of Higher Education must advise dual enrollment students about the potential impact of coursework on future eligibility for state scholarships and financial aid programs, including LIFE and Palmetto Fellows, and include how grades earned in dual enrollment courses affect scholarship qualification;

       (5) ensure that clear and timely information on student eligibility, course options, credit transfer, and financial responsibilities are provided through multiple sources;

       (6) ensure that dual enrollment students have the same access to tutoring, libraries, technology, and disability services as traditional college students; and

       (7) ensure that students and parents or guardians are informed about withdrawal deadlines, grade point average implications, and financial aid consequences of taking dual enrollment classes.

 

    Section 59-60-180. For students with disabilities, a higher education institution offering dual enrollment courses must include in its agreement with the school district a description of the services and resources available to students with disabilities who enroll in dual enrollment courses. The agreement shall outline how students and parents or guardians are informed about these services and how accommodations must be coordinated between the college and the school district in compliance with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act (IDEA). Institutions must ensure that students with disabilities have equal access to academic support, assistive technology, and other resources provided to all college students. Students who identify as having a disability must sign a document acknowledging receipt of college accommodation. Accommodation must be determined by the higher education institution in compliance with the institution's ADA and student accommodations policies and procedures.

 

    Section 59-60-190. Each institution of higher education shall provide an annual report to the Office of Statewide Workforce Development, Commission on Higher Education, State Board for Technical and Comprehensive Education, State Board of Education, Speaker of the House of Representatives, and the President of the Senate of the following:

       (1) dual enrollment delivery locations;

       (2) student information to include the total number of students. This shall be further categorized by sex and race;

       (3) course completion statistics by institution;

       (4) the number of college credentials awarded by each institution;

       (5) dual enrollment completer college enrollment statistics;

       (6) job placement or continued enrollment for completers in career and technical education pathways;

       (7) percentage of dual enrollment completers retained in the first year of college;

       (8) college graduation rate (150 percent of time to degree completion) for dual enrollment completers;

       (9) time to graduation for dual enrollment completers; and

       (10) tuition dollars saved on a per pupil and total yearly basis.

 

    Section 59-60-200. (A) Beginning July 1, 2027, the State Board for Technical and Comprehensive Education shall conduct system-wide audits of each technical college on a three-year rotating basis to examine compliance with state dual enrollment policy. A summary report must be provided to the Commission on Higher Education, State Board of Education, Speaker of the House of Representatives, and the President of the Senate each year.

    (B) Beginning July 1, 2027, the Commission on Higher Education shall conduct audits on a three-year rotating basis of public and private four-year colleges, University of South Carolina branch campuses, and universities to examine compliance with state dual enrollment policy. A summary report must be provided to the State Board for Technical and Comprehensive Education, State Board of Education, Speaker of the House of Representatives, and the President of the Senate by June thirtieth of each year.

    (C) The president of each institution of higher education is responsible for ensuring compliance with all dual enrollment program regulations but may designate responsibility to a member of their executive staff. To ensure accountability and continuous improvement, higher education institutions must promptly address issues identified in audit findings. Responsible parties are required to develop and implement corrective action plans within a specified timeframe and report progress to the designated oversight authority. Reviews must be conducted to verify resolution and assess the effectiveness of corrective measures.

    (D) The State Board of Education may prohibit a school district from participating in dual enrollment programs with an institution of higher education that fails to comply with the requirements of this chapter.

 

    Section 59-60-210. Dual enrollment program funding shall provide tuition-free dual enrollment opportunities for all eligible high school students, including coverage of books, equipment, and fees if the requirements of this chapter are met. School districts, including charter school authorizers, shall develop a cost sharing model with institutions of higher education that ensures costs are equitable across the state.

 

    Section 59-60-220. Subject to annual appropriations by the General Assembly, public institutions of higher education shall use available scholarship funds for the standard tuition rate per credit hour for each dual enrollment course taken by a student during the summer term.

 

SECTION 3.  Section 59-59-210 of the S.C. Code is repealed.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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